Johannesburg Social Housing Company (Pty) Ltd v Mbatha

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Jordaan AJ
• Judgment Date: 18 September 2023
• Citation: 2023 JDR 3560 (GJ)
• Hearing Date: 07 March 2023
• Docket Number: 30321/2021
• Court: Gauteng Local Division, Johannesburg

Jordaan AJ:

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Jordaan AJ

INTRODUCTION

[1]

This is an opposed application for eviction in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998(the PIE Act). The applicant is the Johannesburg Social Housing Company (Pty) Ltd, a municipal-owned entity mandated by the City to manage social housing projects. [1] The applicant was tasked to manage Unit 006, Block B, Tshedzani Flats Phase 3, Corner Nefdt and Lambert Streets, Roodepoort Inner City, Roodepoort (the property) which was purchased with public funds, as part of the larger social housing project used for the provision of subsidised social housing to persons who are able to contribute to the provision of such housing through rental. [2]

[2]

The respondent is Ms Veronica Mbatha, a private person who occupied the property through a written lease agreement. [3]

FACTUAL BACKGROUND

[3]

On 25th February 2009 [4] a written lease agreement was concluded on between the respondent and the applicant, in terms of which the applicant would lease the property at a monthly rental amount of R 1650,00 (One

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Thousand, Six Hundred and Fifty rand) per month from the respondent with effect from the 01st of March 2009 for an indefinite period.

[4]

The respondent failed to pay the rental and other amounts due, as a result she was in arrears with her payments in the amount of R60 971.46 at March 2021. On the 30th of March 2021 the letter of demand was personally served on the respondent. [5]

APPLICANTS CASE

[5]

The applicant submits that subsequent to the respondent’s continued failure to comply with its obligations under the written lease agreement, the applicant cancelled the lease agreement in a letter dated 23 April 2021 and served on the 05th of May 2021. [6]

[6]

The applicant therefor contends that the respondent is in unlawful occupation of the property, since the lease agreement which was the basis of the respondent’s occupation of the property has been cancelled

RESPONDENTS CASE

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[7]

The respondent disputed that it was in unlawful occupation of the property. [7]

[8]

The respondent further submitted that its non-payment was due to dire financial constraints as a result of retrenchment and a reduced current income of R1 200 per month. [8]

[9]

The respondent contended that should the eviction order be granted it would be relegated to being homeless. [9] Respondent occupies the premises with her 12yr old daughter who is doing grade 7, her 64year old mother who is a pensioner, her 19year old nephew who is in grade 12, her 9year old niece who is in grade 3, her 21year old son accepted for tertiary studies. [10]

ISSUES

[10]

The following issues are not in dispute between the Parties:

1.

that a rental lease contract was entered between the applicant and the respondent for an indefinite period, [11]

2.

that the applicant has control and management of the property,

3.

that the applicant is in occupation of the property,

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4.

that the applicant is in arrears with her monthly rental payments and

5.

that a letter of demand was served on the applicant. [12]

[11]

What is in dispute between the Parties is whether the applicant is an unlawful occupier of the property.

[12]

This Court is thus called upon to determine:

1.

whether the respondent is an unlawful occupier of the property, and if so

2.

whether the applicant has satisfied the court that it is just and equitable to evict the respondent and those who occupy the property through her.

APPLICABLE LEGAL PRINCIPLES

[13]

Section 26 of the Constitution [13] reads as follows:

1.

Everyone has the right to have access to adequate housing;

2.

The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.

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3.

No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

[14]

It is trite that the PIE Act has its roots, inter alia, in the provisions of section 26 of the Constitution. [14] The PIE Act was enacted to provide for lawful procedures for the eviction of unlawful occupiers.

[15]

The jurisdictional requirement that triggers an application for eviction in terms the PIE Act is outlined in section 4 thereof...